Gainey Law, PLLC Seattle Employment Law Attorney

Communities Rise provides Free legal resources for non-profit organizations and small businesses with fewer than 50 employers and 2-million in yearly revenue. To find out more go here .

As schools plan to open and teachers and other workers wonder what their rights are to Not return to work answers are not as clear as we would like. However, do not make any rash decisions. A lot can change in a few short weeks (isn't that the lesson of 2020?). The non-profit legal aid Unemployment Law Project has been recording weekly FAQs. You can watch them all here:  QUESTIONS?  to find out about your rights as an employer or employee with regards to unemployment benefits. 

An excellent article on the issues faced by Washington workers and employers as we seek to re-open businesses during this on-going pandemic can be found here : June 4, 2020 Update from ESD. Employers and employees are facing some tension about going back to work. For employers it may not be reasonable to bring employees back full-time or at full-pay. For employees who may be making more on unemployment then you will make if you return to work. Especially if your employer wants to bring you back at part-time or at a lower rate of pay then you were making before. Actually, Scott Micheal from Washington's unemployment department points out that if an employee is brought back under reduced hours from their normal work hours everyone will get the best of both worlds. It is a win for the employer who can more slowly ramp up and safe money on payroll while doing so. It is a win to the employee who will receive the optimal amount of income while securing their job. For example, a worker wh...

Whether your safety concerns arise out of the Coronavirus / Covid-19 pandemic or other safety violations at work, you need to proceed with caution both to protect your health and safety but also your continued employment. FEDERAL WORKERS: The Department of Occupational Safety and Health advice: If my workplace is unsafe, what can I do? If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention. At any time, a worker may file a complaint with OSHA to report a hazardous working condition and request an inspection. If the condition clearly presents a risk of death or serious physical harm and there is not enough time for OSHA to inspect, the worker may have a legal right to refuse to work. File a complaint  here. More Information  OSHA  File a Complaint . OSHA COVID-19 Guidelines Washington Workers: Contact the Department of Labor and Industry for information about Was...

As the State of Washington considers opening businesses in a phased opening, many employees are concerned about their safety. Some will undoubtedly refuse to go back in asking for accommodation - greater safety measures or requesting to continue to work from home. What are an employee's rights? What can a employer demand? Well it depends. Employees should understand that if they have a disability they should ask for accomadation, however the legal  ADA PRECEDENT states that an EMPLOYEE IS NOT ENTITLED TO THE ACCOMMODATION OF HIS/HER CHOICE ; ONLY TO A REASONABLE ACCOMMODATION Examples of reasonable accommodations may look like: Additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide to employees returning to its workplace. Additional or enhanced protective measures, for example, erecting a barrier that provides separation between an employee with a disability and coworkers/the public or increasing the space betw...

At risk citizens should continue to stay home and take precautions when on necessary trips out of the home until phase 4. Then during phase four they should continue to practice social distancing adn other precautions but are allowed out tot he same degree as everyone else. At risk is defined as those persons 65 or older or with underlying health issues that may put them at greater risk of infection or reduced chance for survival if infected with the Covid-9 virus. The four phases outline the recommend easing of restrictions over a number of weeks. Including increasing essential travel, allowing small gatherings and moving toward larger gatherings (of less than 50) as the summer nears. But this is still a massive restriction on entertainment as we knew it pre-covid. What about weddings? Concerts? Festivals? Fundraising events? It is not clear when things like that will get back to normal. See the Governor's chart   here .

Here are there top questions of the week: My job is considered essential, but I have some health issues that put me at risk. Do I have to keep working? No. Even if your work is considered essential, you should not put yourself at risk. It’s preferable to stay attached to your employer if possible. Let your employer know that you cannot return until it is safe. Under new rules, you can qualify for unemployment benefits if you are at high risk and are staying home based on medical advice about the dangers related to that risk. File for unemployment and notify your employer when you can return.* Gainey Law Note: However, the risk must be to you personally the analysis may be different if the at risk person is a family member.  My employer has reduced my hours. Do I have to quit to get unemployment? You can apply for benefits and keep working if you were hired to work full time and have your hours temporarily reduced by less than 60 percent. Report the income earned ...

Statement by EEOC Chair Janet Dhillon on Older Americans Month May 2020 Message from Chair Janet Dhillon The EEOC enforces the ADEA with enthusiasm, as we do with all other statutes.  After all, one basic principle and spirit informs all the laws we enforce.  It should be a no-brainer that no one should be denied a job -- or treated unfairly at one – because of their age.  But I’m afraid we have to keep educating and enforcing in every way we can – including litigation as a last resort. Read more here .

EEOC addresses back to work issues in recent COVID-19 update. Law360 outlines a few of the issues: One question covered what employers should do about potential harassment and discrimination once their workplaces reopen. The EEOC said that employers can remind its workers that bias won't be tolerated and advise management of its role in stopping and reporting harassment and discrimination. In the new section on returning to work, the EEOC fielded inquiries about screening workers and providing accommodations for personal protective equipment. The agency said the ADA lets employers make inquiries and conduct medical exams if they're necessary for keeping out workers who have a medical condition that poses "a direct threat to health or safety." But the agency also advised that employers should be careful not to "engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion." Additionally, whil...

Update: Funds for this program were exhausted as of April 17, 2020. More funds are supposedly on the way. Stay tuned. According to Bank of America's website it seems like the banks that are administrating the loans for the federal government want you to be a customer (prior to Feb 15, 2020) with an existing loan or line of credit. However, so long as you are a business banking customer without a business loan with another bank you can apply through your bank. Read more here .

Gig Workers and the Self-Employed are Eligible for Unemployment Benefits An important component of the CARES Act significantly expands unemployment insurance benefits for U.S. workers impacted by the coronavirus outbreak. The legislation increases the amount of weekly unemployment assistance workers receive; extends how long they can receive it; and expands eligibility to nontraditional workers such as independent contractors, gig workers and the self-employed. See more at SHRM here .

Hi folks, I hope this finds you healthy and calm and safe (if bored) in your homes. I can't help you find that last pack of toilet paper, but I know there are some other concerns brewing out there and I might be able to help. A lot of people are being laid off or otherwise losing their jobs. Employers are making tough decisions. Whether you are an employer or an employee here are some resources to help you get through this. Employees / Formerly employed / Job Searchers: Wondering if your Employer can Take my Temperature at work? Yes they Can. Were your Unemployment Benefits Denied? Do you Need help? Contact the Unemployment Law Project for free legal help with your Appeal. Want to Know More about Your Employment Rights? Fair Work Washington And Labor and Industry Department answers about Corona Virus . EEOC discusses Delayed hiring dates, Health screenings and Questions by Employers. EEOC Covid-19 Employers: Society of Human Resources Management Weathering th...